Bettis considers run for DA

Published: Thursday, August 29, 2013 at 04:11 PM.

New Bern Mayor Lee Bettis is considering a possible 2014 run for district attorney of Craven, Carteret and Pamlico counties, a post currently held by Scott Thomas.

Earlier this week, the first-term mayor, who is under indictment for several charges stemming from a May 6 traffic stop in Havelock, confirmed he is exploring the possibility.

“I am not taking anything off the table as an option,” said Bettis, who is a lawyer. “I think that this DA is not being fiscally responsible. Whether it is me or someone else, this DA needs to be replaced.”

Thomas, who has held the post since 2006, declined to comment on the possibility of a Bettis run.

Bettis is not running for re-election as New Bern mayor.

Last week, a Craven County grand jury indicted Bettis on four misdemeanor counts: driving while impaired, careless and reckless driving and two counts of misdemeanor child abuse.

All four charges stem from a May 6 incident in Havelock in which he was stopped by police after motorists reported to 911 that someone was driving erratically. Based on the manner in which he was observed operating his vehicle and after several field sobriety tests, Bettis was charged with DWI.

New Bern Mayor Lee Bettis is considering a possible 2014 run for district attorney of Craven, Carteret and Pamlico counties, a post currently held by Scott Thomas.

Earlier this week, the first-term mayor, who is under indictment for several charges stemming from a May 6 traffic stop in Havelock, confirmed he is exploring the possibility.

“I am not taking anything off the table as an option,” said Bettis, who is a lawyer. “I think that this DA is not being fiscally responsible. Whether it is me or someone else, this DA needs to be replaced.”

Thomas, who has held the post since 2006, declined to comment on the possibility of a Bettis run.

Bettis is not running for re-election as New Bern mayor.

Last week, a Craven County grand jury indicted Bettis on four misdemeanor counts: driving while impaired, careless and reckless driving and two counts of misdemeanor child abuse.

All four charges stem from a May 6 incident in Havelock in which he was stopped by police after motorists reported to 911 that someone was driving erratically. Based on the manner in which he was observed operating his vehicle and after several field sobriety tests, Bettis was charged with DWI.

At the time, the mayor agreed to take a Breathalyzer test, which is used to measure blood alcohol level. It registered 0.00 percent. Bettis also consented to a blood test, which was analyzed by the State Bureau of Investigation to determine whether he had alcohol or any other controlled substance in his system.

The blood test found no evidence of alcohol, but did find Benzodiazepine, a prescription psychoactive drug commonly used in treating anxiety, insomnia and seizures.

Bettis was initially charged by police with driving while impaired and two traffic infractions: failure to maintain lane control and a designated lane violation.

After last week’s grand jury action, the mayor now faces the driving while impaired charge, a careless and reckless driving count and two counts of misdemeanor child abuse. According to court papers, the grand jury indicted Bettis on the two child abuse counts because his stepchildren, then ages 13 and 9, were riding in the vehicle with him at the time he was charged with DWI.

Bettis was arrested on Tuesday and was released on a written promise to appear in court.

Thomas’ office is not handling the prosecution of Bettis’ case. In May, he requested the appointment of a special prosecutor in the matter, citing Bettis’ work as a local attorney and the contact the two men have in court proceedings.

“I have no authority over the case,” Thomas told the Sun Journal this week. “Any decisions regarding the prosecution are made without consultation between the local and out-of-district prosecutor.”

Isaac Avery III of Raleigh is handling the matter for the state.

Bettis’ former attorney, Marcus Chesnutt of New Bern, has been critical of Avery’s handling of the case, saying it is very unusual for misdemeanor charges to be brought before a grand jury.

With last week’s grand jury indictments, the Bettis case has moved to Superior Court, where trials can be heard by juries rather than only by a judge.

Avery has defended his handling of the case as appropriate, saying state law allows for grand juries to consider misdemeanor cases. He also told the Sun Journal he was unaware of Bettis’ potential bid for district attorney.

“I didn’t even know that,” Avery said. “I was assigned by the office of the DA to prosecute because the DA had a conflict. I am handling this case the same way I would for any other case I’m assigned to prosecute.”

Chesnutt withdrew from the case earlier this month. Bettis is now represented by Charlotte attorney Bill Powers.